Terms & Conditions

Sensitiva Canada Ltd. is a corporation existing under the laws of the Province of Ontario (referred to in these terms and conditions as “Sensitiva”, “us”, “we”, or “our,” as the context may require). We develop and sell the products featured on our website, www.sensitiva.ca (the “Website”). You can read more about and purchase our products on the Website.

We have prepared the following terms and conditions to explain our mutual rights and responsibilities when you use the Website. Please read our terms and conditions carefully.

AGREEMENT

General

1.1. These terms and conditions (these “Terms”) govern your access and use of the Website, including, without limitation, the purchase and sale of products through our Website. These Terms are subject to change by us without prior written notice to you, at any time, in our sole and absolute discretion.

1.2. BY ACCESSING THE WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS.

1.3. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST EIGHTEEN (18) YEARS OF AGE OR (C) ARE PROHIBITED BY LAW FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR PRODUCTS.

1.4. By accepting these Terms, you accept and understand that all orders and purchases of our products are made exclusively between you and us.

1.5. By accepting these Terms, you also confirm that the personal data and information that you provide to us is correct and complete.

1.6. Our policy regarding the collection, use, and disclosure of your personal information is explained in our Privacy Policy, which is incorporated into these Terms by reference. You should carefully review our Privacy Policy before placing an order for products through this Website.

2. Order, Confirmation and Refund

2.1. You agree that your order submitted through the Website is an offer to buy, under these Terms, all products listed in your order. Unless and until an order is accepted by us,  we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole and absolute discretion.

2.2. You may place an order on the Website by selecting the products and quantity you want to order. As part of the ordering process,  you will be required to provide personal and contact information such as your name, email address, and address (collectively, the ”Contact Information”), your delivery address, and your preferred delivery method, if applicable. When all necessary information is completed, you simply click the checkout or equivalent button to make the payment. The payment method is provided by Merrco Payments Inc. (”Merrco”)  (see Section 3 below) and payment is processed upon placing the order.

2.3. After we receive your order, if we wish to accept it, we will send you a confirmation email to the email address provided when you placed the order. If your order is incomplete or if we cannot meet your order, we may ask you to complete or adjust the order or we may reject your order.

2.4. When Sensitiva accepts your order, a contract of sale is formed between Sensitva and you. Please note that no sales contract exists unless and until you have received your order confirmation email. Once you have received an order confirmation email, the order is binding. You may withdraw your order at any time before we have sent your order confirmation email and you have the right to be refunded for payments made to us for such withdrawn order, subject to Section 3.4.

2.5. If the ordered product is sold out, we reserve the right to cancel the order, and we will refund your payments made to us due to the cancelled order.

2.6. If you have any questions regarding your order or refund, please contact us at info@sensitiva.ca stating your order number and Contact Information.

3. Payment & Fees

3.1. Terms of payment are within our sole discretion and, unless otherwise agreed to by us in writing, payment must be received by us before we accept a purchase offer.

3.2. Payment is made through the Merrco payment platform when placing an order on the Website. Using Merrco, you may make your payment by using most of the major debit and credit cards (e.g. VISA, MasterCard and American Express). If your payment is not confirmed, your order will not be accepted. By submitting your payment information, you warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you.

3.3. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will apply only to orders placed after such changes. Posted prices for available products are shown inclusive of taxes prior to checkout, but you will be able to see the amount of tax included in your order on the checkout page. Posted prices, unless otherwise stated, are in Canadian currency. All prices posted on our Website are subject to change without notice.

3.4. If applicable, shipping and payment fees will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. Local charges such as, but not limited to, currency conversion fees, custom fees and taxes may apply depending on your location. Notwithstanding anything to the contrary herein, such charges will not be refunded and are at your sole expense.

4. Shipping and time of delivery

4.1. You can see the estimated delivery date window of time for your order and location on the Website before you place an order. You will pay all shipping and handling charges specified during the ordering process. The fulfillment of orders and shipping of products is subject to the terms of our Shipping Policy, which is incorporated into these Terms by reference. You should carefully review our Shipping Policy before placing an order for products through this Website. Orders for products are processed for shipping within one to two business days from the time we send you your order confirmation email. The order confirmation email will state the estimated time of delivery. Once we have processed your order for shipping and your order has shipped, we will send you a shipping confirmation email that will include a tracking number enabling you to track your shipment.

4.2. We will make reasonable efforts to inform you promptly of any delay in delivery. If the delivery of your order is delayed more than thirty (30) days after the delivery date stated in the order confirmation and the delay is not caused by you, you may cancel your order by emailing your request to info@sensitiva.ca. You will be refunded for payments made to us due to such cancelled order provided that you send back any delivered products in good condition (including, without limitation, unopened in original packaging with unbroken seal).

4.3. Depending on the delivery method you have chosen, you may have to pick up your order at a delivery point stated in the order confirmation email. If your delivery is not picked up promptly, you may have to pay a late pick-up fee or the order may be returned to us at your expense and we may charge you any cost we incur in returning or cancelling your order.

5. Special offer

5.1. Occasionally, we may offer more favourable conditions for a specific product than the ones stated in these Terms. Any such special offer will be limited in time or in respect to the number of products, and may be cancelled by us at any time at our sole and absolute discretion. When a special offer is cancelled, the usual price and these Terms shall apply without amendment.

6. Replacement Policy

6.1. We do not offer refunds. If you believe your ordered item is defective, please submit a complaint by contacting our customer care department at info@sensitiva.ca. Upon further review of your claim, we will decide, in accordance with these Terms and applicable consumer protection legislation, at our sole and absolute discretion, whether to replace your ordered item. When requesting the replacement of an  ordered item, please include the following in your communication:

• the order date and number of the damaged or defective product;
• your name and Contact Information;
• photograph(s) of the damaged or defective product; and
• a description of the defective product(s) and the claimed defect.

If the foregoing information is not sufficient for us to assess the state of the product and whether it is in fact damaged or defective, we may require that you ship the product to us for review. Sensitiva will provide shipping instructions and pay reasonable shipping expenses in this scenario.

6.2. If our review concludes that the product was damaged or defective, we will send you a replacement product with shipping fees paid by Sensitiva.

6.3. For products replaced in accordance with the Sections above, we will make commercially reasonable efforts to ensure that you receive the replacement product as soon as possible.

If you consider a purchased product to be defective, but we do not agree with you, you may be entitled to have the dispute resolved through binding arbitration in accordance with Section 14 of these Terms.

7. Use of the Website

7.1. You agree to use our Website only for lawful purposes, and in a manner that does not infringe upon the rights of anyone else, or restrict or inhibit anyone else’s use or enjoyment of the Website.

7.2. You are responsible for safeguarding the password and any other credentials (collectively, the “Security Credentials”) that you use to access the Website, or any part thereof, and you agree not to disclose your Security Credentials to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You must immediately notify us of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of anything to us, it is your responsibility to use a secure encrypted connection to communicate with the Website.

8. Use of Data

8.1. In order to give you a great experience using our Website, we save the information you provide to us when visiting our Website and placing an order pursuant to our Privacy Policy.

8.2. In consideration for the use of the Website, you hereby grant to us a royalty-free, non-exclusive, irrevocable, worldwide, fully paid-up limited licence to use, produce, reproduce, perform, publish, copy, distribute, transmit, display, store, adapt, edit, delete, and translate the content you provide to us to the extent reasonably required by us to provide the Website to our customers or to ensure adherence to or enforce these Terms as well as the right to sub-licence any and all of the above rights and the right to bring an action for infringement of the licensed rights. You hereby confirm, represent and warrant to us that you have all rights, titles and interests, as well as the power and authority necessary, to grant the licence to your content set out above. If you delete the account to which your content is connected, you acknowledge and agree that we may retain copies of same for archival or compliance purposes or to otherwise provide the Website to you or others, subject to your licence to us set out above and to our Privacy Policy.

8.3. Information collected by Merrco is subject to Merrco’s own privacy policy and terms of use which may be found at Merrco’s website: https://www.merrco.com/privacy-policy/.

9. No Warranty or Other Representation

9.1. THE WEBSITE AND THE CONTENT THEREIN ARE PROVIDED ON AN ”AS IS”  AND ”AS AVAILABLE BASIS” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS TO THE CONTRARY AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR PARTICULAR PURPOSES), WHETHER EXPRESSED OR IMPLIED.

9.2. YOUR USE OF THE WEBSITE AND PURCHASE OF OUR PRODUCTS INDICATES YOUR ACKNOWLEDGEMENT THAT YOU ARE NOT RELYING UPON ANY REPRSENTATION OF ANY KIND OR NATURE MADE BY US WITH RESPECT TO THE WEBSITE AND THE CONTENT AND PRODUCTS THEREON AND THAT, IN FACT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS TO THE CONTRARY, NO SUCH REPRESENTATIONS WERE MADE.

9.3. SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Limitation of liability

10.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR ANY OUR OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSISGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES HOWEVER CAUSED, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS. THIS LIABILITY LIMITATION SHALL INCLUDE, BUT NOT BE LIMITED TO, ANYPERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS,  LOST PROFIT, GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST TO PROCURE SUBSTITUTE GOODS OR SERVICES, OR OTHER TANGIBLE OR INTANGIBLE LOSS. YOU HEREBY UNDERSTAND AND AGREE THAT THESE LIABILITY LIMITS REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN, THE ABSENCE OF WHICH WOULD REQUIRE SUBSTANTIALLY DIFFERENT ECONOMIC TERMS.

10.2. The content provided on the Website is for informational purposes only, should not be relied upon by you, does not constitute legal, medical, or other professional advice or an opinion of any kind, and is in no way intended to be a substitute for a medical consultation with a qualified medical professional. The information, opinions, and recommendations presented on the Website do not and are not intended to replace the care of your own physician or other medical or, in the case of products for pets, veterinary professionals. Although we carefully review our information on the Website, we cannot and do not guarantee or take responsibility for the accuracy of the Website’s content, nor do we assume any liability for the content linked to our Website.

10.3. We are not responsible for any errors on the Website, including, but not limited to, product descriptions, technical specifications, inaccurate prices, stock estimations or other incorrect information. We reserve the right to correct any errors and to change or update the information on the Website accordingly at any time.

10.4. Images or other visuals on the Website are provided for illustration purposes only and we do not guarantee the exact quantity shown or the exact appearance, origin or function of the products. Please view the order confirmation email for the accurate product quantity of your ordered product(s).

10.5. The Website may contain links to or enable the use of third party websites or content, functionality, and services not owned by us or not licensed to us by other parties (collectively, “Third Party Content”). We do not endorse and are not responsible or liable for Third Party Content. You are solely responsible for your use of any Third Party Content and you may be subject to any applicable third party terms and conditions. When accessing third party sites, you are leaving the Website, including the coverage of our Privacy Policy, and are subject to the privacy policy of the third party site (if any).

10.6. You acknowledge and agree that information you transmit to us may involve transmissions over various networks beyond our control, and therefore the security of the transmission may be compromised before it reaches us. We cannot and do not guarantee or warrant the confidentiality or security of the information you provide to us through this Website, email, or other electronic means of communications.

11. Intellectual Property

11.1. The Website and its original content, features, functionality and design elements are and will remain our exclusive property. Our intellectual property, such as, but not limited to, trademarks, company, trade and product names, images, design, logos, audio/video files, layout and information on products may not be used, reproduced, duplicated, copied, sold, resold, visited, modified, downloaded, broadcasted, transmitted, made available to the public, made derivative works thereof or otherwise exploited in any way without our prior written consent.

12. Force Majeure

12.1. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent that such failure or delay is caused by, or results from, acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic or pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

13. Governing Law and Jurisdiction

13.1. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable therein, notwithstanding your domicile, residency or physical location, and without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or any other jurisdiction) that would cause the application of the laws of any other jurisdiction

14. Dispute Resolution and Binding Arbitration

14.1. SUBJECT TO APPLICABLE CONSUMER PROTECTION LAWS, ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS, AND INCLUDING DISPUTES REGARDING THE VALIDITY OF THIS SECTION 14 CONCERNING VENUE) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE WEBSITE, SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

14.2. ARBITRATION WILL BE ADMINISTERED BY THE ADR CHAMBERS (CANADA) ) IN ACCORDANCE WITH THEIR ARBITRATION RULES (THE “ADR RULES”) THEN IN EFFECT, EXCEPT AS MODIFIED BY THIS SECTION 14. THE PLACE OF ARBITRATION SHALL BE WITHIN THE CITY OF TORONTO.

14.3. THE ARBITRATOR WILL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO ARBITRABILITY AND/OR ENFORCEABILITY OF THIS ARBITRATION PROVISION, INCLUDING ANY UNCONSCIONABILITY CHALLENGE OR ANY OTHER CHALLENGE THAT THE ARBITRATION PROVISION OR THESE TERMS IS VOID, VOIDABLE OR OTHERWISE INVALID. THE ARBITRATOR WILL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN COURT UNDER LAW OR IN EQUITY. ANY AWARD OF THE ARBITRATOR(S) WILL BE FINAL AND BINDING ON EACH OF THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

15. Indemnification

15.1. You agree to indemnify and hold harmless us and our affiliates, subsidiaries, agents, successors, assigns, third party providers, licensors, and suppliers, and each of their respective officers, shareholders, agents, directors, employees, and representatives  (individually and collectively, the “Indemnified Parties”) from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to lawyers’ fees), incurred by or made against the Indemnified Parties arising out of or in connection with (i) your access and use (or anyone’s access and use of your accounts) of the Website or Third Party Content, or (ii) any breach or violation of these Terms by you or anyone using your account.

16. No Waivers

16.1. A failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Sensitiva.

17. Termination and Changes to the Terms

17.1. We reserve the right, in our sole and absolute discretion, to modify or discontinue, temporarily or permanently, the Website, or any part thereof, or the products sold thereon with or without notice, at any time. We may, at any time and for any reason, amend these Terms with or without notice by publishing the amended Terms on the Website. The amended Terms will apply to orders you make from us after the publication date.  You are responsible for regularly reviewing the Terms, including, without limitation, by checking the “last updated” date indicated on this document. Your continued use of the Website after any such changes shall constitute your consent to be bound by such changes. Your only right with respect to any dissatisfaction with (1) these Terms, (2) any policy or practice of ours in operating the Website, or (3) any content or services available through the Website, is to stop using the Website. We reserve the right, in our sole and absolute discretion, at any time and from time to time, to disable or terminate your account, any user name, password, or other credentials for any reason, including any violation of these Terms.

18. Severability

18.1. If any provision in the Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

19. Assignment

19.1. You hereby agree that we may at any time assign, transfer or sub-contract or otherwise deal with our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign, transfer, sub-contract or otherwise deal with these Terms without our prior written consent. These Terms will enure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.

20. Entire Agreement

20.1. Our order confirmation email, these Terms, and our Privacy Policy constitute the entire and exclusive agreement between you and us with respect to the subject matter of these Terms.

We hope that you will have a great experience using our Website.

These Terms were last updated on 2020-11-17